Hughes v. Gengler
| Decision Date | 24 February 1969 |
| Docket Number | No. 22122.,22122. |
| Parties | Riley Leon HUGHES, Appellant, v. J. Herman GENGLER, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Riley Leon Hughes, Marysville, Cal., for appellant.
John P. Hyland, U. S. Atty., Wm. B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee.
Before BARNES and DUNIWAY, Circuit Judges, and McNICHOLS,* District Judge.
Certiorari Denied February 24, 1969. See 89 S.Ct. 870.
Appellant by this appeal seeks three cents damages, and his costs. We think the time of postal employees and the courts could be better spent than in determining the dispute herein delineated. We might well affirm the judgment below on the basis of the maxim "de minimis non curat lex," but appellant's earnestness and sincerity entitle him to a better explanation of why he cannot recover. The law should not tolerate even a small injustice, nor the appearance of it.
Appellant was the addressee of a Special Delivery Air Mail Letter, deposited in rural mail box #734 — Route 2, near Escondido, San Diego County, California, and picked up by a rural mail carrier for transportation to and delivery in Marysville, Yuba County, California. Appellant complains that upon its arrival, the letter was withheld from "delivery" for an alleged postage deficiency of three cents.
The letter contained on its face (1) seven 5 cent stamps; (2) the return rural route box number of the sender; (3) a handprinted notation (apparently made by sender) "Air Mail — Special Del.", and it was stamped "Air Mail — Special Delivery" once on the face, and four times on the reverse, apparently by the post office.
The special delivery charge was 30 cents. The air mail charge was then 8 cents. The total postage was therefore deficient by three cents.
The letter was addressed:
"Mr. R. Leon Hughes P. O. Box 651 Marysville, California"
The letter apparently arrived at Marysville on May 30, 1966, for it bears on its back the usual post office circular stamp, and within the circle:
Marysville May 30 6 A.M 1966 Calif.
The letter being addressed to a post office box, and being special delivery, the postmaster was authorized to deliver "to the post office box," or "hold for delivery through the general delivery window, unless the addressee has given written notice that such mail be delivered to his residence or place of business." (Postal Manual 166.4). Appellant states in his brief (p. 14) that no such notice had ever been given by him to the Marysville Postmaster.
The letter being without sufficient postage, the post office at Marysville left a notice in appellant's P. O. Box 651 — on "P.O.D. form 3907, Notice to Call at Window X Mail with Postage Due."
Appellant had found it inconvenient to call for his mail on May 30, 1966, a holiday. He explains this in his "Answer to Motion for More Definite Statement," filed in the District Court:
(C.T. 23)
Appellant finally called for his mail during the daytime on June 2nd or 3rd. He was shown the letter described above, saw the seven 5 cents stamps on it, and we quote from appellant's brief what occurred:
Appellant said:
Appellant, being indignant, thereupon filed suit against the Marysville Postmaster in the Small Claims Court of the Marysville Judicial District, County of Yuba, State of California, for $127.02. (C.T. 4) In an apparent attempt to discourage the appellant, his case was removed to the United States District Court, Northern District of California, Northern Division, sitting in Sacramento. (28 U.S.C. § 1442(a) (1)) Without such removal, which gave the District Court jurisdiction, the action would have remained in the State Courts. Teal v. Felton, 12 How. 284, 289, 53 U.S. 284, 289, 13 L.Ed. 990 (1851). No jurisdiction existed under the Federal Tort Claims Act, 28 U.S.C. § 2680(b). Jurisdiction here rests on 28 U.S.C. § 1291.
In the District Court, numerous motions were heard, and appellant was required to itemize his claim for damages, which he did as follows:
"To collecting for services
not rendered .......................... $ 0.03
"For failing to print date on
letter ................................ 10.00
"For having to lay off from work ........... .30
"For refusal of postmaster to
accept protest ........................ 25.00
"Small Claims Court fee .................... 2.00
"Cost of preparing papers for
trial ................................. 89.70
________
$127.03" (C.T. 25)
It might properly be noted that appellant asserted he is "more interested in feeling that any mail will be handled in an equitable manner, than in receiving any damages." (C.T. p. 25) We also note that in addition to the damages specified above, the appellant requests:
"that since the trial is a nervous strain upon myself, that the minimum award be one (1.00) dollar a day from the time I filed suit, June 6, 1966, until the case is properly adjudicated."
Appellant appeared in propria persona in the district court and appellant reduced his demand to three cents plus his $2.00 filing fee. The matter was heard on April 27, 1967, and judgment was entered for the defendant and against the plaintiff.
The district court was of the opinion that the three cents appellant seeks was voluntarily paid by him to the Government, that no statute, law or regulation requires him to so pay; that he could have refused the letter; that there was no compulsion or coercion on him, but a voluntary payment, though under protest, was made by him, and hence plaintiff below could not recover.
A motion for new trial was made and denied. Appeal was taken here in propria persona.
We do not reach the point on which the case was decided adversely to appellant in the district court.
Appellant urges that the rules in the Postal Manual are adequate to govern in this case. We agree, but we do not interpret them as appellant would have us. It is the duty of this court to take judicial notice of the regulations of the Post Office Department. Deal v. United States, 11 F.2d 3 (9th Cir. 1926), Rev'd on other grounds, 274 U.S. 277, 47 S.Ct. 613, 71 L.Ed. 1045 (1927); Caha v. United States, 152 U.S. 211, 14 S.Ct. 513, 38 L.Ed. 415 (1894).
Appellant's sister who sent the letter, addressed it to a post office box at a letter carrier office in Marysville, California. Postal Manual Part 166.22 states "the special delivery fee must be prepaid in addition to regular postage." This she did not pay. Postal Manual Part 166.4 requires such a letter to be delivered to the box, or through general delivery, when no other instructions have been given for such mail by the boxholder. Postal Manual Part 354.611 requires the same type of delivery of special delivery letters at any city delivery office, i. e. "as addressed, unless other instructions have been received."
Neither the postman who received the letter on his rural route near Escondido nor the postmaster at that town could possibly have known whether this appellant had delivered to the...
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